Criminal Law Resources: Fingerprint Evidence Challenges

In 1911, the first American court upheld a murder conviction based on fingerprint identification evidence. People v. Jennings, 252 Ill. 534. Nearly a hundred years later, confidence in that identification technique has been eroded by new research and litigation. See, e.g., Maryland v. Rose, No. K06-0545 (MD Cir. Ct. Oct. 19, 2007). See generally Ken Strutin, Criminal Law Forensics: Century of Acceptance May Be Over, New York Law Journal, Jan. 8, 2008, at 5, col. 1. Recent legal scholarship, forensic studies and Frye/Daubert hearings are adding to our understanding of the nature and limits of this commonly used identification method. The new picture that is emerging will impact the administration of justice and sound a tocsin as we move into the era of biometrics.

This article is a collection of select resources published on the web concerning the reliability and admissibility of fingerprint evidence. Links to guides, standards and related materials are listed to provide some background on the processes and application of this identification technique.

Scholarly Articles

Legal scholars and forensic professionals have been debating fingerprint identification in law reviews, bar journals and professional association publications. These articles address ongoing research into the forensic aspects of fingerprint identification and revisit the legal analysis for assessing its admissibility.

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